Landlord's responsibility?

Question

I live in the state of New York (Upstate)...I live in a apartment. Which is a house with 2 apartment, one upstairs one down stairs. There is only one entrance to get into the apartments...which is also your exit as well. But before you can enter the apartment...You have to go on the porch. The porch used to have two post/banister. One of them has been broken for many months. And the owner/landlord haven’t fix it yet, he just laid it alongside of the porch. I understand he has lot of iron in the fire (other things to do) such as take care of the other houses and apartments he has. Because I know he owns a lot of buildings and stuff. But it would only take 10-15 of his time to fix. A few mornings ago. I was coming down the steps, and happened to slip on some ice/snow. I could of have some support if the post/banister was there, but which it wasn’t, and in result of that. I broke my arm. Is that my fault. Would that be the landlord responsibility to fix that or was that the tenants responsibility ? These are listed in the rental agreement

Tenant Responsibility: Good housekeeping is expected of everyone. Tenant agrees to keep quarters clean and in a sanitary condition. The tenants agree not to permit any deterioration or destruction to occur while they are occupying the property. They agree to maintain the walls, woodworks, floors, furnishings, fixtures and appliances, windows, screens, doors, plumbing and heating fixtures, as well as the general structure and appearance of the property.

Tenant To maintain Dwelling Unit:
1.) Comply with all obligations primarily imposed upon tenants by applicable provisions of building codes materially affecting health and safety.
2.)Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit.
3.) Dispose from this dwelling unit all ashes, rubbish, garbage, and other waste in a clean and safe manner. No items are to be placed on the front porches without permission by the Landlord.
4.) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
5.)Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, other facilities and appliances in the premises.
6.) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so.
7.) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbor’s peaceful enjoyment of the premises.

Residents warrants that he/she will meet above conditions in every respect, and acknowledges that failure to perform the obligations herein stipulated will be considered ground for termination of this agreement and loss of the deposits.

Alterations: Tenants shall make no alterations, decorations, additions or improvement in or to the premises without landlords’ prior written consent.

Waiver: All rights given to Landlord by this agreement shall be cumulative in addition to any laws which exist or might come into being. Any exercise of any rights by Landlord or failure to exercise any rights shall not act as wavier of those or any other rights. No statement or promise by Landlord, its agents or employees, as tenancy, repairs, amount of rent to be paid, or other terms and conditions shall be binding unless it is put in writing and made a specific part of this agreement.

Could You explain to me if he would still be responsible for my fall and injury? In “Tenants Responsibility” it says “woodworks” does that mean the porch too since it is made out of wood? Does this means that the fall and injury is my fault?

Answer 1

While I agree that the landlord has the responsibity to keep the property maintained, I don't feel that this issue is worth sueing over. You also have the responsibity of using the property responsibily. If you knew there was ice, then you should be more careful. You also stated that only one of the banesters is broken, meaning there is another that you could have held on to.

I don't understand why people seem to have to blame everyone else for their mistakes. You slipped, you fell, it was an accident.

Answer 2

To get a definite answer to this, consult an attorney. My feeling is that the Landlord is responsible for the outside maintenance of the property. He also has an obligation to render safe, the stairs in common use, after an ice storm. The time of day of your fall may influence the decision, if it could be determined that it would have been at an hour that it would be unreasonable, to expect the landlord to have had time to have cleared the steps.

Answer 3

First & maximum positive, it is the duty of both activities to ascertain that the progression in question is in effective condition to stay for the finished length of the employ. to commence with, if the owner has given you the living house in good situations wherein each and every thing change into operating in tip proper condition, then it is your duty to ascertain that you're taking care of it in tip proper condition. If there have been plumbing themes in the previous you moved in or you realized about the plumbing themes right this moment once you moved in, then the owner is in probability of provide you with the de-clogging and pay for the prices. once you've lived contained in the living house for a lengthy even as devoid of themes and now you've plumbing themes, than there's a threat that you're going to have reason the themes from the way you've use the software, as such it is your duty to pay for the wear. even as the owner provides you with the fundamentals, it is your household initiatives to ascertain that you shop each and every thing contained in the living house in good situations. except for positioned on and tear, the tenant in many situations are household initiatives for any damage to the valuables and its utilities.

Answer 4

I would say it is his fault and sue the bastard. Obviously he has been notified, and he did nothing about it, now someone is hurt. Its usually the landlords responsibility to keep all walkways clear and free of ice and snow. I would be talking to someone in the legal profession if i were you. Good Luck.

Answer 5

Sue crazy people, you slipped and broke your arm. It is not your landlords fault you're an idiot.

Call him and tell him he needs to fixit, or you will report him.

Or you will pay someone to fix it, and take cost out of next months rent.